[Congressional Record Volume 148, Number 113 (Tuesday, September 10, 2002)]
[Senate]
[Pages S8468-S8472]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4516. Mrs. HUTCHISON submitted an amendment intended to be 
proposed to amendment SA 4472 proposed by Mr. Byrd to the bill H.R. 
5093, making appropriations for the Department of the Interior and 
related Agencies for the fiscal year ending September 30, 2003 and for 
other purposes; which was ordered to lie on the table.

       On page 14, beginning on line 11 strike ``$42,682,000, to 
     remain available until expended:'' and insert ``$42,882,000, 
     to remain available until expended, of which $200,000 shall 
     be made available for the Caddo Lake Ramsar Wetland Science 
     Center, Texas, and;''
       On page 25, line 7, strike ``$238,205,000'' and insert 
     ``$238,005,000''.
       On page 25, line 12, after ``Act,'' insert ``of which 
     $4,800,000 is for the Big Thicket National Preserve, Texas; 
     and''.
                                 ______
                                 
  SA 4517. Mr. ENZI (for himself, Mr. Grassley, Mr. Hagel, and Mr. 
Feingold) proposed an amendment to amendment SA 4480 proposed by Mr. 
Byrd (for himself, Mr. Burns, Mr. Stevens, Mr. Reid, Mr. Domenici, Mrs. 
Murray, Mr. Craig, Mr. Wyden, Mr. Kyl, Mr. Baucus, and Mr. Campbell) to 
the amendment SA 4472 proposed by Mr. Byrd to the bill H.R. 5093, 
making appropriations for the Department of the Interior and related 
agencies for the fiscal year ending September 30, 2003, and for other 
purposes; as follows:

       At the end of the amendment, add the following:

     SEC. 3__. PAYMENT LIMITATIONS.

       Section 1001 of the Food Security of 1985 (7 U.S.C. 1308) 
     is amended--
       (1) in subsection (b), by striking ``$40,000'' each place 
     it appears and inserting ``$17,500'';
       (2) in subsection (c), by striking ``$65,000'' each place 
     it appears and inserting ``$32,500''; and

[[Page S8469]]

       (3) by striking subsection (d) and inserting the following:
       ``(d) Limitations on Marketing Loan Gains, Loan Deficiency 
     Payments, and Commodity Certificate Transactions.--
       ``(1) Loan commodities.--The total amount of the following 
     gains and payments that a person may receive during any crop 
     year may not exceed $90,000:
       ``(A)(i) Any gain realized by a producer from repaying a 
     marketing assistance loan for 1 or more loan commodities 
     under subtitle B of title I of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 7931 et seq.) at a lower 
     level than the original loan rate established for the loan 
     commodity under that subtitle.
       ``(ii) In the case of settlement of a marketing assistance 
     loan for 1 or more loan commodities under that subtitle by 
     forfeiture, the amount by which the loan amount exceeds the 
     repayment amount for the loan if the loan had been settled by 
     repayment instead of forfeiture.
       ``(B) Any loan deficiency payments received for 1 or more 
     loan commodities under that subtitle.
       ``(C) Any gain realized from the use of a commodity 
     certificate issued by the Commodity Credit Corporation for 1 
     or more loan commodities, as determined by the Secretary, 
     including the use of a certificate for the settlement of a 
     marketing assistance loan made under that subtitle.
       ``(2) Other commodities.--The total amount of the following 
     gains and payments that a person may receive during any crop 
     year may not exceed $90,000:
       ``(A)(i) Any gain realized by a producer from repaying a 
     marketing assistance loan for peanuts, wool, mohair, or honey 
     under subtitle B or C of title I of the Farm Security and 
     Rural Investment Act of 2002 (7 U.S.C. 7931 et seq.) at a 
     lower level than the original loan rate established for the 
     commodity under those subtitles.
       ``(ii) In the case of settlement of a marketing assistance 
     loan for peanuts, wool, mohair, or honey under those 
     subtitles by forfeiture, the amount by which the loan amount 
     exceeds the repayment amount for the loan if the loan had 
     been settled by repayment instead of forfeiture.
       ``(B) Any loan deficiency payments received for peanuts, 
     wool, mohair, and honey under those subtitles.
       ``(C) Any gain realized from the use of a commodity 
     certificate issued by the Commodity Credit Corporation for 
     peanuts, wool, mohair, and honey, as determined by the 
     Secretary, including the use of a certificate for the 
     settlement of a marketing assistance loan made under those 
     subtitles.
       ``(f) Single Farming Operation.--Notwithstanding 
     subsections (b) through (e), if an individual participates 
     only in a single farming operation and receives, directly or 
     indirectly, any payment or gain covered by this section 
     through the operation, the total amount of payments or gains 
     (as applicable) covered by this section that the individual 
     may receive during any crop year may not exceed twice the 
     dollar amount prescribed in this section.''.
                                 ______
                                 
  SA 4518. Mr. CRAIG (for himself, Mr. Domenici, and Mr. Murkowski) 
proposed an amendment to SA 4480 proposed by Mr. Byrd (for himself, Mr. 
Burns, Mr. Stevens, Mr. Reid, Mr. Domenici, Mrs. Murray, Mr. Craig, Mr. 
Wyden, Mr. Kyl, Mr. Baucus, and Mr. Campbell) to the amendment SA 4472 
proposed by Mr. Byrd to the bill H.R. 5093, making appropriations for 
the Department of the Interior and related agencies for the fiscal year 
ending September 30, 2003, and for other purposes; as follows:

     SEC. ___. EMERGENCY HAZARDOUS FUELS REDUCTION PLAN.

       (a) In General.--Subject to subsection (c) and 
     notwithstanding the National Environmental Policy Act of 
     1969, the Secretaries of Agriculture and the Interior shall 
     conduct immediately and to completion, projects consistent 
     with the Implementation Plan for the 10-year Comprehensive 
     Strategy for a Collaborative Approach for Reducing Wildland 
     Fire Risks to Communities and the Environment, May 2002 
     developed pursuant to the Conference Report to the Department 
     of the Interior and Related Agencies Appropriations Act, 2001 
     (House Report 106-646) to reduce hazardous fuels within any 
     areas of federal land under the jurisdiction of the Secretary 
     of Agriculture or the Secretary of the Interior that are 
     outside of Congressionally designated Wilderness Areas and 
     that the appropriate Secretary determines qualifies as a fire 
     risk condition class three area. Any project carried out 
     under this section shall be consistent with the applicable 
     forest plan, resource management plan, or other applicable 
     agency plans.
       (b) Priority.--In implementing project sunder this section, 
     the Secretaries of Agriculture and the Interior shall give 
     highest priority to--
       (1) wildland urban interface areas;
       (2) municipal watersheds;
       (3) forested or rangeland areas affected by disease, insect 
     activity, or wind throw; or
       (4) areas susceptible to a reburn.
       (c) Limitations.--In implementing this section, the 
     Secretaries of Agriculture and the Interior shall treat an 
     aggregate area of not more than 10 million acres of federal 
     land, maintain not less than 10 of the largest trees per acre 
     in any treatment area authorized under this section. The 
     Secretaries shall construct no new, permanent roads in RARE 
     II Roadless Areas * * *
       (d) Process.--The Secretaries of Agriculture and the 
     Interior shall jointly develop--
       (1) notwithstanding the Federal Advisory Committee Act, a 
     collaborative process with interested parties consistent with 
     the Implementation Plan described in subsection (a) for the 
     selection of projects carried out under this section 
     consistent with subsection (b); and
       (2) in cooperation with the Secretary of Commerce, 
     expedited consultation procedures for threatened or 
     endangered species.
       (e) Administrative Process.--
       (1) Reviews.--Projects conducted under this section shall 
     not be subject to--
       (A) administrative review by the Department of the Interior 
     Office of Hearings and Appeals; or
       (B) the Forest Service appeals process and regulations.
       (2) Regulations.--
       (A) In general.--The Secretaries of Agriculture and the 
     Interior, as appropriate, may promulgate such regulations as 
     are necessary to implement this section.
       (f) Judicial Review.--
       (1) Process review.--The processes developed under 
     subsection (d) shall not be subject to judicial review.
       (2) Review of projects.--Judicial review of a project 
     implemented under this section shall--
       (A) be filed in the Federal District Court for which the 
     Federal lands are located within 7 days after legal notice of 
     the decision to conduct a project under this section is made 
     to the public in a manner as determined by the appropriate 
     Secretary;
       (B) be completed not later than 360 days from the date such 
     request for review is filed with the appropriate court unless 
     the District Court determines that a longer time is needed to 
     satisfy the Constitution;
       (C) not provide for the issuance of a temporary restraining 
     order or a preliminary injunction; and
       (D) be limited to a determination as to whether the 
     selection of the project, based on a review of the record, 
     was arbitrary and capricious.
       (g) Relation to Other Laws.--The authorities provided to 
     the Secretaries of Agriculture and the Interior in this 
     section are in addition to the authorities provided in any 
     other provision of law, including section 706 of Public Law 
     107-206 with respect to Beaver Park Area and the Norbeck 
     Wildlife Preserve within the Black Hills National Forest.

     SEC. ___. QUINCY LIBRARY INITIATIVE.

       (a) Congress reaffirms its original intent that the Herger-
     Feinstein Quincy Library Group Forest Recovery Act of 1998 be 
     implemented. Congress finds that delays and obstacles to 
     implementation of the Act have occurred as a result of the 
     Sierra Nevada Forest Plan Amendment decision January 2001.
       (b) Congress hereby extends the expiration of the Act by 
     five years.
                                 ______
                                 
  SA 4519. Mr. SCHUMER submitted an amendment intended to be proposed 
to amendment SA 4472 proposed by Mr. Byrd to the bill H.R. 5093, making 
appropriations for the Department of the Interior and related agencies 
for the fiscal year ending September 30, 2003, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 65, line 7, strike ``Program,'' and insert 
     ``Program (of which $2,500,000 is for the acquisition of 
     Waywayanda Lake in Kent, New York),''.
                                 ______
                                 
  SA 4520. Mr. BUNNING submitted an amendment intended to be proposed 
to amendment SA 4472 proposed by Mr. Byrd to the bill H.R. 5093, making 
appropriations for the Department of the Interior and related agencies 
for the fiscal year ending September 30, 2003, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title III, add the following:
       Sec. 328. (a) Conveyance of Certain Land at Bluegrass Army 
     Depot, Kentucky, Authorized.--The Secretary of the Army may 
     convey, without consideration, to Madison County, Kentucky 
     (in this section referred to as the ``County''), all right, 
     title, and interest of the United States in and to a parcel 
     of real property, including any improvements thereon, 
     consisting of approximately 3 acres at the Bluegrass Army 
     Depot, Richmond, Kentucky, and including the building known 
     as Quarters 29.
       (b) Condition of Conveyance.--The Secretary may not make 
     the conveyance of property authorized by subsection (a) 
     unless the County agrees to utilize the property for 
     historical preservation and education purposes.
       (c) Reversionary Interest.--If the Secretary determines at 
     any time that the property conveyed under subsection (a) has 
     ceased to be utilized for the purposes specified in 
     subsection (b), all right, title, and interest in and to the 
     property shall revert to the United States, and the United 
     States shall have the right of immediate entry onto the 
     property. Any determination under this subsection shall be 
     made on the record after an opportunity for a hearing.
       (d) Administrative Expenses.--The Secretary shall apply 
     section 2695 of title 10,

[[Page S8470]]

     United States Code, to the conveyance authorized by 
     subsection (a).
       (e) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary. The cost of the survey shall be borne by 
     the County.
       (f) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 
  SA 4521. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 4472 proposed by Mr. Byrd to the bill H.R. 5093, making 
appropriations for the Department of the Interior and related agencies 
for the fiscal year ending September 30, 2003, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 19, between lines 19 and 20, insert the following:


                            west nile virus

       For a grant program under which the Secretary of the 
     Interior, acting through the Director of the U.S. Fish and 
     Wildlife Service, shall provide to States grants to carry 
     out, in coordination with a State plan of mosquito abatement, 
     activities to prevent or control West Nile virus, in an 
     amount proportionate to the number of people with medically 
     documented cases of West Nile Virus in a State but not more 
     than $3,000,000 for any 1 State, $20,000,000, to remain 
     available until expended: Provided, That the entire amount 
     shall be available only to the extent that the President 
     submits to Congress an official budget request for a specific 
     dollar amount that includes designation of the entire amount 
     of the request as an emergency requirement for the purposes 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 (2 U.S.C. 900 et seq.): Provided further, That the 
     entire amount is designated by Congress as an emergency 
     requirement under sections 251(b)(2)(A) and 252(e) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 (2 
     U.S.C. 901(b)(2)(A), 902(e)).
                                 ______
                                 
  SA 4522. Mr. DODD (for himself and Mr. Lieberman) proposed an 
amendment to amendment SA 4472 proposed by Mr. Byrd to the bill H.R. 
5093, making appropriations for the Department of the Interior and 
related agencies for the fiscal year ending September 30, 2003, and for 
other purposes; as follows:

       On page 64, between lines 15 and 16, insert the following:

     SEC. 1__. FEDERAL RECOGNITION.

       (a) In General.--Notwithstanding any other provision of 
     this Act, and subject to the availability of funds and 
     subsections (b) and (c), the Bureau of Indian Affairs may not 
     use more than $1,900,000 of the funds made available by this 
     Act to carry out functions and activities associated with the 
     Branch of Acknowledgment and Research.
       (b) Limitations.--None of the funds made available under 
     this Act shall be used to approve or deny a petition from any 
     person or entity for recognition as a federally-recognized 
     Indian tribe or tribal nation (referred to in this section as 
     a ``petition'') until such date as the Secretary of the 
     Interior (referred to in this section as the ``Secretary'') 
     certifies to Congress that the administrative procedures 
     described in subsection (c) have been implemented with 
     respect to consideration of any petition submitted to the 
     Secretary.
       (c) Procedures.--The administrative procedures described in 
     subsection (b) are that--
       (1) in addition to notices provided under any other 
     provision of law, not later than 30 days after the date of 
     receipt of a petition, the Secretary shall provide written 
     notification of the petition to--
       (A) the Governor and attorney general of--
       (i) the State in which the petitioner is located as of that 
     date; or
       (ii) each State in which the petitioner has been located 
     historically, if that State is different from the State in 
     which the petitioner is located as of that date;
       (B) the chief executive officers of each county and 
     municipality located in the geographic area historically 
     occupied by the petitioner; and
       (C) any Indian tribe and any other petitioner that, as 
     determined by the Secretary--
       (i) has a relationship with the petitioner (including a 
     historical relationship); or
       (ii) may otherwise be considered to have a potential 
     interest in the acknowledgement determination;
       (2) the Secretary--
       (A) shall consider all relevant evidence submitted by a 
     petitioner or any other interested party, including 
     neighboring municipalities that possess information bearing 
     on the merits of a petition;
       (B) on request by an interested party, may conduct a formal 
     hearing at which all interested parties may present evidence, 
     call witnesses, cross-examine witnesses, or rebut evidence 
     presented by other parties during the hearing; and
       (C) shall include a transcript of a hearing described in 
     subparagraph (B) in the administrative record of the hearing 
     on which the Secretary may rely in considering a petition;
       (3) the Secretary shall--
       (A) ensure that the evidence presented in consideration of 
     a petition is sufficient to demonstrate that the petitioner 
     meets each of the 7 mandatory criteria for recognition 
     contained in section 83.7 of title 25, Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     Act); and
       (B) consider a criterion to be met if the Secretary 
     determines that it is more likely than not that evidence 
     presented demonstrates the satisfaction of the criterion; and
       (4) the Secretary shall publish in the Federal Register, 
     and provide to each person to which notice is provided under 
     paragraph (1), a complete and detailed explanation of the 
     final decision of the Secretary regarding a documented 
     petition under this Act that includes express findings of 
     fact and law with respect to each of the criteria described 
     in paragraph (3).
                                 ______
                                 
  SA 4523. Mr. REID (for Mrs. Boxer) proposed an amendment to amendment 
SA 4472 proposed by Mr. Byrd to the bill H.R. 5093, making 
appropriations for the Department of the Interior and related agencies 
for the fiscal year ending September 30, 2003, and for other purposes; 
as follows:

       At the appropriate place, add the following:

     SEC.   . SOUTHERN CALIFORNIA OFFSHORE OIL LEASES.

       (a) Congress Finds That--
       (1) There are 36 undeveloped oil leases on the land in the 
     Southern California planning area of the Outer Continental 
     Shelf that have been under review for an exceptionally long 
     period of time, some going back over thirty years, and have 
     yet to be approved for development pursuant to the Outer 
     Continental Shelf Lands Act;
       (2) The oil companies that hold these 36 leases have 
     expressed an interest in retiring these leases in exchange 
     for equitable compensation and are engaged in settlement 
     negotiations with the Department of the Interior regarding 
     the retirement of these leases; and
       (3) It would be a waste of taxpayer dollars to continue the 
     process for approval or permitting of these 36 leases when 
     both the lessees and the Department of the Interior have said 
     they expect there will be an agreement to retire these 
     leases.
       (b) It is the sense of the Senate that no funds should be 
     spent to approve any exploration, development, or production 
     plan for, or application for a permit to drill on the 36 
     undeveloped leases while the lessees are discussing a 
     potential retirement of these leases with the Department of 
     the Interior.
                                 ______
                                 
  SA 4524. Mr. BURNS (for Mr. Bennett) proposed an amendment to 
amendment SA 4472 proposed by Mr. Byrd to the bill H.R. 5093, making 
appropriations for the Department of the Interior and related agencies 
for the fiscal year ending September 30, 2003, and for other purposes; 
as follows:
       On page 65, line 7, strike ``Program,'' and insert 
     ``Program (of which $2,000,000 is for the Castle Rock Phase 2 
     project, $1,600,000 is for the Chalk Creek (Blonquist) 
     project, and none is for the Range Creek #3 project, 
     Utah),''.
                                 ______
                                 
  SA 4525. Mr. REID (for Mr. Cleland (for himself, Mr. Thompson, Mr. 
Akaka, and Mr. Graham)) proposed an amendment to amendment SA 4472 
proposed by Mr. Byrd to the bill H.R. 5093, making appropriations for 
the Department of the Interior and related agencies for the fiscal year 
ending September 30, 2003, and for other purposes; as follows:
       On page 64, between lines 15 and 16, insert the following:

     SEC. 1__. SENSE OF THE SENATE CONCERNING ADEQUATE FUNDING FOR 
                   THE NATIONAL PARK SERVICE.

       (a) Findings.--Congress finds that--
       (1) the National Park Service is responsible for the 
     preservation and management of the natural and cultural 
     resources of the National Park System for the enjoyment, 
     education, and inspiration of the present and future 
     generations;
       (2) the National Park Service is the caretaker of some of 
     the most valued natural, cultural, and historical resources 
     of the United States;
       (3) the National Park System provides countless 
     opportunities for the citizens of the United States to enjoy 
     the benefits of the heritage of the United States;
       (4) the National Park Service is struggling to accommodate 
     an increasing number of visitors while maintaining the 
     National Park System; and
       (5) in an effort to support the purposes of the National 
     Park System, in recent years Congress has, with respect to 
     units of the National Park System, substantially increased 
     the amount of funding available for operations, maintenance, 
     and capital projects.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that Congress should--
       (1) to the maximum extent practicable, continue efforts to 
     increase operational funding for the National Park System; 
     and
       (2) seek to eliminate the deferred maintenance backlog by 
     fiscal year 2007.

[[Page S8471]]

                                 ______
                                 
  SA 4526. Mr. REID proposed an amendment to amendment SA 4472 proposed 
by Mr. Byrd to the bill H.R. 5093, making appropriations for the 
Department of the Interior and related agencies for the fiscal year 
ending September 30, 2003, and for other purposes; as follows:
       On page 64, between lines 15 and 16, insert the following:

     SEC. 1__. CONVEYANCE OF LAND TO THE CITY OF MESQUITE, NEVADA.

       Section 3(f)(2)(B) of Public Law 99-548 (100 Stat. 3061; 
     113 Stat. 1501A-168) is amended by striking ``(iv) Sec. 8.'' 
     and inserting the following:
       ``(iv) Sec. 7.
       ``(v) Sec. 8.''.
                                 ______
                                 
  SA 4527. Mr. BURNS (for Mr. Stevens) proposed an amendment to 
amendment SA 4472 proposed by Mr. Byrd to the bill H.R. 5093, making 
appropriations for the Department of the Interior and related agencies 
for the fiscal year ending September 30, 2003, and for other purposes; 
as follows:

       At the appropriate place in the bill insert the following:
       Section 401(e)(4)(B) of Public Law 105-83 is amended after 
     (Not more than) by striking ``5 percent'' and inserting ``15 
     percent''.
                                 ______
                                 
  SA 4528. Mr. REID proposed an amendment to amendment SA 4472 proposed 
by Mr. Byrd to the bill H.R. 5093, making appropriations for the 
Department of the Interior and related agencies for the fiscal year 
ending September 30, 2003, and for other purposes; as follows:
       On page 2, line 14, strike ``of which'' and insert ``of 
     which not more than $750,000 shall be made available for 
     permitting of geothermal energy applications and the 
     processing of wind-energy rights-of-way in the State of 
     Nevada and $750,000 shall be made available for hiring 
     additional personnel to perform realty work in the State of 
     Nevada; of which''.
                                 ______
                                 
  SA 4529. Mr. BURNS (for Mr. Thomas) proposed an amendment to 
amendment SA 4472 proposed by Mr. Byrd to the bill H.R. 5093, making 
appropriations for the Department of the Interior and related agencies 
for the fiscal year ending September 30, 2003, and for other purposes; 
as follows:

       On page 21, line 24, Insert the following after the 
     semicolon: ``of which $750,000 is to conduct an independent 
     and comprehensive management, operational, performance, and 
     financial review of Yellowstone National Park;''.
                                 ______
                                 
  SA 4530. Mr. WARNER (for himself and Mr. Thompson) submitted an 
amendment intended to be proposed to amendment SA 4471 proposed by Mr. 
Lieberman to the bill H.R. 5005, to establish the Department of 
Homeland Security, and for other purposes; which was ordered to lie on 
the table; as follows:
       On page 211, between lines 9 and 10, insert the following:

Subtitle C--Risk Sharing and Indemnification for Contractors Supplying 
                 Anti-Terrorism Technology and Services

     SEC. 521. APPLICABILITY OF EXISTING INDEMNIFICATION 
                   AUTHORITY.

       (a) Requirement for Revised Guidance.--The President shall 
     issue guidance regarding the discretionary authority for the 
     indemnification of contractors and subcontractors under 
     Public Law 85-804 (50 U.S.C. 1431 et seq.) that--
       (1) clarifies that, in addition to the other procurements 
     for which the indemnification authority may be exercised, the 
     indemnification authority may be exercised for any 
     procurement of an anti-terrorism technology or an anti-
     terrorism service by an agency of the Federal Government 
     engaged in homeland security activities that is to be used 
     for the purpose of preventing, detecting, identifying, or 
     otherwise deterring acts of terrorism; and
       (2) includes within the scope of the discretionary 
     indemnification authority procurements made by State or local 
     governments through contracts entered into by the head of an 
     agency of the Federal Government under section 522, but only 
     with respect to amounts of losses or damages not fully 
     covered by private liability insurance and State- or local 
     government-provided indemnification.
       (b) Considerations.--In revising the guidance under 
     subsection (a), the President shall consider the following 
     issues:
       (1) Whether to include within the scope of the losses or 
     damages indemnification coverage authorized by the guidance 
     issued under subsection (a)(1) economic damages not fully 
     covered by private liability insurance.
       (2) Whether an indemnification provision included in a 
     contract or subcontract under authority provided under the 
     revised guidance issued under subsection (a) should be 
     negotiated prior to the commencement of the performance of 
     the contract.
       (3) To what extent information technology used to prevent, 
     detect, identify, or otherwise deter acts of terrorism should 
     be covered within the scope of the discretionary 
     indemnification authority provided under the revised guidance 
     issued under subsection (a).
       (c) Form of Guidance.--The revised guidance under 
     subsection (a) may be provided as a revision of Executive 
     Order No. 10789 or otherwise.

     SEC. 522. PROCUREMENTS BY STATE AND LOCAL GOVERNMENTS THROUGH 
                   FEDERAL CONTRACTS.

       (a) Establishment of Procedures.--An official of the United 
     States designated by the President shall establish procedures 
     in accordance with subsection (b) under which States and 
     units of local government may procure through contracts 
     entered into by the head of an agency of the Federal 
     Government anti-terrorism technologies and anti-terrorism 
     services for the purpose of preventing, detecting, 
     identifying, or otherwise deterring acts of terrorism.
       (b) Required Procedures.--The procedures under subsection 
     (a) shall implement the following requirements and 
     authorities:
       (1) Submissions by states.--Each State desiring to 
     participate in a procurement of anti-terrorism technologies 
     or anti-terrorism services for such purpose through a 
     contract entered into by the head of an agency of the Federal 
     Government shall submit to the designated official, in such 
     form and manner and at such times as that official 
     prescribes, the following:
       (A) Request.--A request consisting of an enumeration of the 
     technologies or services, respectively, that are desired by 
     the State and units of local government within the State.
       (B) Payment.--Advance payment for each requested technology 
     or service in an amount determined by the designated official 
     based on estimated or actual costs of the technology or 
     service and administrative costs incurred by the designated 
     official.
       (2) Permitted catalog technologies and services.--A State 
     may include in a request submitted under paragraph (1) only a 
     technology or service listed in the catalog produced under 
     subsection (d).
       (3) Coordination of local requests within state.--The 
     Governor of a State (or the Mayor of the District of 
     Columbia) may establish such procedures as the Governor (or 
     the Mayor of the District of Columbia) considers appropriate 
     for administering and coordinating requests for anti-
     terrorism technologies or anti-terrorism services from units 
     of local government within the State.
       (4) Shipment and transportation costs.--A State requesting 
     anti-terrorism technologies or anti-terrorism services shall 
     be responsible for arranging and paying for any shipment or 
     transportation costs necessary to deliver the technologies or 
     services, respectively, to the State and localities within 
     the State.
       (c) Reimbursement of Administrative Costs.--In the case of 
     a procurement made by a State or unit of local government 
     under the procedures established under this section, the 
     official designated by the President under that paragraph 
     shall require the State or unit of local government to 
     reimburse the official for the administrative costs incurred 
     by the Federal Government for such procurement.
       (d) Catalog of Technologies and Services.--The official 
     designated by the President under subsection (a) shall 
     produce and maintain a catalog of anti-terrorism technologies 
     and anti-terrorism services suitable for procurement by 
     States and units of local government under the procedures 
     established pursuant to this subsection.

     SEC. 523. DEFINITIONS.

       In this subtitle:
       (1) Anti-terrorism technology and service.--The terms 
     ``anti-terrorism technology'' and ``anti-terrorism service'' 
     mean any product, equipment, or device, including information 
     technology, and any service, system integration, or other 
     kind of service (including a support service), respectively, 
     that is related to technology and is designed, developed, 
     modified, or procured for the purpose of preventing, 
     detecting, identifying, or otherwise deterring acts of 
     terrorism.
       (2) Act of terrorism.--The term ``act of terrorism'' means 
     a calculated attack or threat of attack against any person, 
     property, or infrastructure to inculcate fear, or to 
     intimidate or coerce a government, the civilian population, 
     or any segment thereof, in the pursuit of political, 
     religious, or ideological objectives.
       (3) Information technology.--The term ``information 
     technology'' has the meaning such term in section 11101(6) of 
     title 40, United States Code.
       (4) State.--The term ``State'' includes the District of 
     Columbia, the Commonwealth of Puerto Rico, the Commonwealth 
     of the Northern Mariana Islands, and any territory or 
     possession of the United States.
       (5) Unit of local government.--The term ``unit of local 
     government'' means any city, county, township, town, borough, 
     parish, village, or other general purpose political 
     subdivision of a State; an Indian tribe which performs law 
     enforcement functions as determined by the Secretary of the 
     Interior; or any agency of the District of Columbia 
     government or the United States Government performing law 
     enforcement functions in and for the District of Columbia or 
     the Trust Territory of the Pacific Islands.

     SEC. 524. TIME FOR IMPLEMENTATION.

       The revision of guidance required by section 521, together 
     with the promulgation of regulations necessary for the 
     implementation of the revised guidance, and the promulgation 
     of the procedures, together with the production of the 
     catalog of anti-terrorism

[[Page S8472]]

     technologies and services, required by section 522 shall be 
     completed not later than 120 days after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 4531. Mr. SCHUMER (for himself and Mrs. Clinton) submitted an 
amendment intended to be proposed by him to the bill H.R. 5093, making 
appropriations for the Department of the Interior and related agencies 
for the fiscal year ending September 30, 2003, and for other purposes; 
which was ordered to lie on the table; as follows:
       On page 127, between lines 2 and 3, insert the following:

     SEC. 3__. PROHIBITION OF USE OF FUNDS FOR OIL OR GAS 
                   PERMITTING OR LEASING IN THE FINGER LAKES 
                   NATIONAL FOREST, NEW YORK.

       None of the funds made available by this Act may be used to 
     prepare or issue a permit or lease for the exploration, 
     development, or production of oil or gas in the Finger Lakes 
     National Forest, New York.

                          ____________________